YASHPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 27-7-87 passed by the learned Addl. Sessions Judge, Bikaner, whereby he convicted the appellant Yashpal for the offence u/S. 302, IPC and S. 27, Arms Act and sentenced him to life imprisonment with a fine of Rs. 2000.00 and in default to further undergo two years' rigorous imprisonment on the first count and two years' rigorous imprisonment with a fine of Rs. 500.00 and in default to further undergo three months' rigorous imprisonment on the second count. He further directed that both the substantive sentences shall run concurrently.

(2.) The skeletal facts necessary for the disposal of this appeal are that on 6-8-85 at about 8-30 a.m., deceased Sri Ram was going from his house to the Railway Station, Ratangarh and that when he reached near the Railway turn track (Ghumchakkar), appellant Yashpal, armed with a gun came there and fired a gun shot causing injuries on the chest of Sri Ram who fell down. It is alleged that the appellant took out a cartridge from the pocket of his pant, re-loaded his gun and pumped a gun shot on Sri Ram, who was lying. It is further alleged that the said occurrence was witnessed by informant PW 1 Rajendra, who was returning to his house from the market, his mother PW 15 Smt. Durga Devi and PW 6 Govind Dan Charan. Thereafter, appellant fled away with his gun. Rajendra, Govind Dan and others, lifted Sri Ram who was still breathing and tried to take him to the hospital, but he breathed his last at a distance of about 35 meters from the place of the occurrence and, as such, they placed his dead body there. It is alleged that PW 8 Omprakash, looking to the ghastly scene, became unconscious. P.W. 1 Rajendra rushed to the G.R.P. Police Station, Ratangarh which was situated about 200 meters from the place of the occurrence, where on the same day at 9 a.m., he lodged an oral report and whereupon Crime No. 24/81 vide FIR Ex. P.1 was registered by PW 16 Ram Singh, S.H.O. u/S. 302, IPC. Ram Singh immediately informed the S.H.O., P. S. Ratnagarh to flash wireless message to the senior officers as also to all police stations of District Churu. P.W. 10 Basheshar Singh, F.C., Incharge, Wireless Set, Police Station, Ratangarh transmitted the wireless message Ex. P. 14 between 9-20 a.m. to 9-25 a.m. to all S.H.Os, P.Ss., Churu informing them that Yashpal, Advocate, Ratangarh after committing the murder had run away from Ratangarh; that he was armed with a gun; that Nakabandi should be effected and that if he is apprehended, then the same be immediately informed.

(3.) P.W. 16 Ram Singh inspected the site and prepared site inspection memo Ex. P. 7. He lifted sample of blood stained soil from the place of the occurrence, seized and sealed the same vide seizure memo Ex. P. 8. He prepared the memo of dead body of Sri Ram and his autopsy Ex.P. 10 and Ex.P. 9 respectively. He also got the dead body of Sri Ram and the place of occurrence photographed by PW 11 Khemchand, photographer and those photographs are Ex. P. 15 to Ex. P. 20.